“Can I Keep My Son If We Don’t Have A Custody Order ?”

Q: “My son’s mother let me get our son for the summer. I live in Louisiana, and while he’s been here he’s been telling my wife and I how he needs to be on the look out for robbers and he needs a knife for high school (he lives in Yonkers). His grandfather has been to jail for stabbing someone. I was wanting to keep him here with me. I have a room for him and my wife is a stay at home mom. We also think he might be special needs and his mom has said nothing to me about this . He needs a diaper to sleep and he is on growth hormone medication; he says he has dyslexia. He’s going on 14 in October. She just sent a petition for paternity and child support.”

A: “The short answer is no – if the child had been historically residing primarily with the mother, then you may not simply “keep” the child. Instead, you should file a custody petition in Westchester Family Court if you want the child to live with you. If there are urgent/emergency issues, then you should couple your petition with an order to show cause. Schedule a consult with a Westchester Family Law Attorney for a full assessment.”